New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-29
CHARGES AGAINST dlLroN
MRS. J. LAWRENCE SMITHS COMPLAINT
ALLEGATIONS MADE AGAINST Mr.. LIDBEY-MRs.


which she seeks TO remove exJudge Hilton aud William
Lhbey as executors Of the will OF A. T. stewart and Mr.
Hilton and Charles j. Cinch az executors or Mrs Cor
nelia NJ Stewards will. the general featureof which
have beea already published In THE TRIBUNE occupies
over 100 printed pages and makes All foios IL has
been prepared by Martin Smith as counsel OF Mrs
Smith and has been fled by that firm in Suffolk County.
In 1t Mcssrs Hilton and Libbey charged with con-
niyng to defraud the Stewart estate through false
representations regarding the extent OF the dy5oods
business Mr. Hilton Is accused Of deludng Ars stew
art through his power of attorney into conveying
erty which she intended to make over to him.
Fasacation of accounts charged together with the
mutation OF the books and records, while fraudulent
trainers of property the charges. The dry
goods business which Ii is asserted MrStewar intended
Mr. Hilton should close out for 81 900 000 Ii claimed
enabled Mr. Hilton to dispose OF Si,OoO,OoO OF
81 600 900 for his benefit never intended, while
other transactions real estate and other directions
make total OF from Si5 100000 TO S20,0Oo,0o0 which
it Is claimed Mr. Hilton owes the estate.
The suit Is brought in Suffolk County The first charge
OF importance Is that Charles j. Clinch the favorfte
nephew Of Mrs Stewart, has made n merely nominal
qualification executor has beenyng In Paris and has
left the entire management OF Mrs Stewards estate TO
Henry Hilton. who processes TO be performing the
duties OF executor under said will and no has received
from said Charles j. Clinch power OF attorney under
which he PROCESSES to act"
Mira Smith reces the extensive business OF the firm OF
A. I. Stewart Co. in this city and through agencies In
Philadelphia Boston, Paris. Lyons London, Noting
ham, Bradford Belfast, Glasgow, Chemntz am else
where: the various manufactures In this country and
Europe that fortune OF many millions was
represented by the business and declares that Mr Stew
arts interest in the firm at the time OF his death was
after making every allowance possible for depreciation
of assets than ten millions of dollars, over aud
above ana after paying in full all liabilities and engage
ments of every description" Mr. Stewards other per-
sonal property amounted TO many millions OF dollars
more.
The qualification OF Mrs Stewart executrix Of her
husbands WILL was, II is asserted, merely nominal The
management was left wholly TO MessIs Hilton and
Iibbey or one OF them No inventory OF the personal
estate has ever been fled Attention is next called to
the trustceshp OF Mr. Hilton who while acting as trustee
was INSTRUCTED To avoid so far as conld be avoided
any loss 10 those connected with said tesla
tor in business for which services plaintiff Is In
formed and believes the said testator in aud by his said
should receive Compensation OF 81 100000"
When the will executed 1t is alleged. Mr.. Stewart
unacduainted VITA business affairs and was wholly in
capable Of managing considerable property inter
the business Therefore Mr.. stewart gave Mr.. Hilton
an additional legacy of 100000 to wind up the affairs
The complaint then runs:
The painuS further SAYS upon information and behe.
that the defendant nenry hoa never psrtOr%sd the
the contrary wilu w. wronguiIy and raniulenty
me entitled TO receive legacy Of
million OF dollars. anT TT thereof
Attention IL called to Mr. Stewards confidence In Mr.
UiIfons approved INTEGRITY and fairness OF conduct
Mrs stewards knowledge OF this; the fact that she was
over seventy four years old when her husband died;
that Abe never kept accounts showed capacity for
business management, never even kepta bank deposit
account and down to the time II the death OF her
husband. she had always been supplied by him with
such moneys and necessaries as she required Mr.
and Irregularities and . also we'll knew that she
had tie most Implicit confidence in hun and wonld on
such trust and reliance sign and acknowledge any decd
or paper certify to the correctness or any account
presented 20 her by him without any examination.
ton comprehension as to the contents or effect
thereof"
A. r. stewart from March Is 10 April 10. 1876. MI:
Hilton de erinnea ana planned NED 10 Smse or
means OF the pretended bill Of sale or conveyance aud
Toned the posssssor and IL the absolute
of part OF the enormous fortune lett by said
to his widow. the said esatrx ms hercnbeore
In the pursuit of this plan 1t is alleged that Mr. Hilton
with the knowledge and conniyance OF William L6bey.
caused to be prepared and had ready for execution by
said testarI pretended bill OF sale conveyance
and the no wer OF attorney hereinafter mentioned That
said 14th day OF April 1870 the day after the burial
seated or caused presented to said testsrr the
said pretended bill OF sale and power or attorney and
II nad been UNDERSTOOD the execution Of the
Will. that Mrs stewart should place the management OF
power and that she would execute and deliver TO him
whatever instruments he would need for that purpose
Mrs. smith thcreupon charges:
we're SIecnird cy that belief and
BIZ without question or examination as 10 tb-ir legal
81 he. s snS a. aTSer Tu.ss end the SAID
his supposed integrity. honesty. reliability snd good
And plan,n on nts Information and belief .sy. and
With the and Ss' e,ss'S ~ the ssts
sSa s sa.eu In oae 10 give hI@ he and
Of her large proHeri Interests under the W. o.
and anxiety Of Eivins her personal attention thereto
prior y the sIs uson Of :a or
sses and In orer 70 any possible soos or ns:.o
ing thas particular Instrument tho SAID defendant Hilton.
the lmpression and The Of sa
firm no, more than me sum o. one y,
the OF SAID Arm complicated and extern
also y,y I.ss: and ,,, IL order ID :.
or over IL WA necessary the be
tht 81. STOCK .hssS be rsnsr.d amt ss's up h,.
assumed for such pnrchAes ths, tho out
iss,oa ana that Would might
the business for number OF years.
These statements OF Mr. Hilton Mrs. Smith character
izes ms "a misrepresentation and psryersion Of tho
facts. designed 10 create false Impression on Mr. stow
hesitation on her parl as 10 the execution OF Tho bill
good and available nature that they Would
duce q much. II not moro, on iiqnidaton THAN by
continuance OF tho business and would readily ana
lars than sufficient 20 discharge all The debts and iabf-
Sey well knew ali and singular tho Eaters
The pretended consideration OF $lOOO0oO stated In
the bill OF sao have been paid In full MIRA
smith declares was not any part OF It, paid
| Mr- Stewart. "nor credited 70 her." and she
asserts that the statements the bill or sale rs 10
| the wishes OF Alexander +. Stewart were "base
| were designed and intended TO deceive
and mislea the sd testatrx the object and effect
of The Instrument and In direct conflict with the
wishes and intentions OF Alexander T. Stewart ns ex
pres ed In his will"
IL Is charged that MT. Hilton we'll knew that Mrs.
Stewards interest In the firm upward of $40 0O0
all debts that no concealed the
and tina she had suspicion OF
the scope of The All this was gross and
violation Of the trust reposed In Mr. Hilton
Mr. Hitous design IL IL declared was to treat the Will
as an absolute sale. IL Is next charged:
That II was part the plan and design OF said de-
PENDANT Hilton 10 the large amounts OF ready money
which ho could obtain the interest OF said
tsastrix OF creating pretended
ar SAID tesztrix 10 hims~
sad Hilton loan tho Aad esiatrix TO ad
ou for account such sums OF money and
thereby claim said testafrx and
cure from OF valuable portions OF her real
and the upon other portions heeo winch
\ are hereinafter mentioned and referred to-
Mr Hilfnn tho complaint was, on April a. 1876